J. David Agnew is a former Deputy Attorney General and utility regulator for the State of Indiana who now handles complex litigation for plaintiffs and appeals in Kentucky and Indiana state and federal courts.  Since his admission to practice law in 1999, David has represented government agencies and private clients before state and federal regulatory agencies, trial courts, and appellate courts.  He has handled matters ranging from litigation over small business disputes to representing clients in multi-million and even multi-billion dollar regulatory matters, utility rate cases, class actions, and appeals.

David has a Bachelor’s Degree in Trumpet Performance from DePauw University (1996) and a Juris Doctor from Indiana University School of Law-Bloomington (1999).  He is admitted to practice before the United States Supreme Court, Sixth Circuit Court of Appeals, Seventh Circuit Court of Appeals, and in state and federal courts in the State of Indiana and the Commonwealth of Kentucky.  David is also a member of the Indiana and Kentucky Bar Associations and is a former officer of both the Indiana Bar Association Utility Law section and the floyd County Bar Association.

Notable Decisions:

Dorsett v. Ind. Am. Water Co., Inc, 248 N.E.3d 611 (Ind. App. 2024)

Perkins v. Fillio, 119 N.E.3d 1106 (Ind. App. 2019)

Gerdon Auto Sales, Inc. v. John Jones Chrysler Dodge Jeep, 98 N.E.3d 73 (Ind. App. 2018)

In re N.A.D., 193 N.E.3d 406 (Ind. App. 2022)

Sanchez v. Sphire, 86 N.E.3d 458 (Ind. App. 2017)

Curtsinger v. State Farm Mut. Auto. Ins. Co.,120 F. Supp. 3d 857 (US Dist. Ct., SD Ind., 2015)

J.R. v. S.P., 89 N.E.3d 438 (Ind. App. 2017)

French v. Elkin, 64 N.E.3d 1267 (Ind. App. 2016)

Kankakee Valley Rural Elec. Mbrshp. Corp. v. United Tel. Co. of Ind., Inc., 843 N.E.2d 987 (Ind. App. 2006)

Micronet, Inc. v. Ind. Util. Regulatory Comm’n, 866 N.E.2d 278 (Ind. App. 2007)

Indiana-American Water Co. v. Ind. Office of Util. Consumer Counselor, 844 N.E.2d 106 (Ind. App. 2006)

Notable settlements:

Property owners represented by J. David Agnew brought a civil RICO action against officials of the City of Charlestown, Indiana for extortionate use of building code fines to coerce property owners to sell their homes. The case settled for $1.5 million. F&J Apartments, LLC v. G. Robert Hall, US Dist. Ct. SD Ind., 4:18-CV-00010

In Citizens Action Coalition of Ind., Inc. v. Duke Energy Ind., Inc., 16 N.E.3d 449 (Ind. App. 2014), the Indiana Court of Appeals cited cross examination by J. David Agnew of Duke Energy’s chief engineer as key evidence in reversing the Indiana Utility Regulatory Commission’s decision to approve cost overruns at a coal-fired power plant. Duke then settled the case, agreeing to refund $87.8 million dollars to Indiana customers and cap rates going forward.